Petitions
FMCSA Petitions for Rulemaking
(49 CFR 389.31)
Any interested person may petition the Administrator to establish, amend, interpret, clarify, or withdraw a rule. Each petition filed must:
- Be submitted in writing by mail to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE, Washington, DC 20590-0001 or filing the petition as a comment, electronically at www.regulations.gov, using the general petitions for rulemaking docket FMCSA-2021-0054;
- Set forth the text or substance of the rule or amendment proposed, or specify the rule that the petitioner seeks to have interpreted, clarified or withdrawn, as the case may be;
- Explain the interest of the petitioner in the action requested;
- Contain any information, data, research studies, and arguments available to the petitioner to support the action sought.
Petitions received will be logged on the table below and categorized by "open" and "closed" petitions. This display is required by Section 5204 of the Fixing America's Surface Transportation Act (FAST Act).
Open Petitions for Rulemaking
The following is a list of petitions for rulemakings that are pending a decision from the Federal Motor Carrier Safety Administration or granted and awaiting further action.
|
Petitioner |
Summary of Request |
Date of Petition |
| Commercial Vehicle Alliance (CVSA) | Amend Title 49 CFR 383.25(a)(1) to clarify what qualifies as a "valid commercial driver's license (CDL)" for the purposes of accompanying a commercial learner's permit (CLP) holder for behind-the-wheel training in a commercial motor vehicle (CMV). | April 4, 2023 |
| CVSA | Amend CFR 393.205 to clearly identify several hazardous conditions that correspond to regularly observed conditions of wheel components that result in high risk of a crash or breakdown. | March 29, 2023 |
| CVSA | Amend Title 49 CFR 392.60 DOT Regulatory Guidance to require written or electronic documentation of authorization for passengers in a commercial motor vehicle. | February 2, 2023 |
| CVSA | Amend 49 CFR Part 393 by incorporating changes in Subparts B, C, E, F, G and J for Parts and Accessories Necessary for Safe Operation. | February 2, 2023 |
| CVSA | Amend Title 49 CFR 385.4(b) to reflect the updated "North American Standard Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403. | January 6, 2023 |
| CVSA | Amend Title 49 CFR 393.102 and 393.106 to make the cargo securement requirements clearer, more enforceable and in line with the model regulations. | May 31, 2022 |
| CVSA | Amend 49 CFR 393.5 to define the term "friction mat" more specifically and provide a minimum standard for the use of "friction mats for cargo securement. | May 31, 2022 |
|
CVSA |
Petition to amend 49 CFR 393.86 to remove labeling requirements for rear impact guards. |
March 12, 2019 |
|
CVSA |
Amend the response in DOT Regulatory Guidance Interpretation Question 3 in 49 CFR 393.130 to mirror the language found in the Canadian National Safety Code (NSC) Standard 10, Section 89(2) Accessory Equipment. |
August 27, 2018 |
| Making Trucking Great Again Association | Petition to amend the Hours of Service 34-hour reset for drivers. | October 7, 2022 |
|
Michigan Aggregates Association |
Amend § 393.40 to add portable conveyors to the list of vehicles that are not required to have brakes on all wheels. |
January 18, 2019 |
| My Truck Cams | Requesting a mandate for the installation of side cameras and cabin monitors in all trucks as a supplement to actual rearview mirrors to enhance traffic safety. | January 23, 2023 |
|
*National Association of the Deaf (NAD) |
Rescind the requirement for interstate drivers of commercial motor vehicles (CMVs) to be able to hear. Request that the DOT and FMCSA repeal the regulatory language or, in the alternative, obtain clarification on non-discriminatory terms in 49 CFR 391.11 and 383.133. |
March 14, 2019 |
|
New Hampshire DOT |
Revise 383.93 to allow mechanics to operate empty buses without having a passenger endorsement on the CDL. |
October 2, 2017 |
|
Ourbus, Inc. |
Amend 49 C.F.R. §§ 390.5 and 390.9 to provide a clear delineation between motor carriers of passengers and brokers for such motor carriers, and as to the scope of Federal preemption over the regulation of brokers. |
April 19, 2021 |
|
Web Sling & Tie Down Association (WSTDA) |
Amend the cargo securement regulations under Part 393 to incorporate by reference WSTDA’s Specification for Interior Van Securement Devices WSTDA-T-5. |
October 19, 2020 |
*The Agency issued Driver Qualifications; Regulatory Guidance Concerning the Applicability of Language Requirement to Drivers Who Do Not Meet the Hearing Standard on October 1, 2014 (79 FR 59139). The Agency requested public comment on NAD’s petition on December 19, 2019 (84 FR 68386).
** The Agency requested public comment on SBTC’s and OOIDA’s petitions concerning broker regulations on August 19, 2020 (85 FR 51145). The Agency held a Property Carrier Broker Listening Session on October 28, 2020 (85 FR 64613).
*** The Agency requested public comment on TIA’s petition on November 25, 2020 (85 FR 75280). The Agency held a Property Carrier Broker Listening Session on October 28, 2020 (85 FR 64613).
Closed Petitions for Rulemaking
The following is a list of petitions for rulemaking that are no longer an open matter because the Agency has issued a denial or the petition has been granted and the rulemaking process has been initiated as indicated by a Rule Identification Number or Final Rule.
|
Date Received |
Petitioner |
Summary of Petition |
Decision Grant/Deny and Date of Letter to Applicant |
If Granted: Rule ID Number or Final Rule Cite |
|
07/13/2020 |
American Trucking Associations |
Request amendment of CDL regulations to make certain COVID-19 relief provided through the emergency declaration, permanent. |
Granted 11/24/2021 |
|
| 06/09/2022 | Commercial Vehicle Safety Alliance (CVSA) | Petitioner requests the FMCSA to require interstate transporters of hemp to carry recommended shipping documents included in the U.S. Department of Agriculture's final rule on hemp production. | Denied 12/19/2022 | |
| 03/29/2022 | CVSA | Add a definition of Personal Conveyance to 49 CFR 395.2 and remove all interpretative guidance from 49 CFR 395.8. | Denied 09/02/2022 | |
| 03/29/2022 | CVSA | Amend Title 49 CFR § 385.4(b) to reflect the updated “North American Standard Level VI Inspection Procedures and Out-of-Service Criteria (OOSC) for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403.” | Granted 02/22/2022 | 86 FR 72851 |
|
03/15/2015 03/30/2021 |
CVSA |
Amend Title 49 CFR § 385.4(b) to reflect the updated “North American Standard Level VI Inspection Procedures and OOSC for Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403.” |
Granted 02/22/2022
|
86 FR 72851 |
|
03/30/2021 |
CVSA |
Amend § 396.31(a)(1) to address OOSC references.
|
Granted 8/29/2022 |
86 FR 57060 |
|
02/25/2021 |
CVSA |
Amend 49 CFR § 385.4(b) to update the FMCSA’s incorporation by reference of the CVSA’s OOSC to note the April 1, 2021 edition. |
Granted |
86 FR 35443 |
| 10/07/2020 | CVSA | Revise 49 CFR 390.23 and 49 CFR 390.25 concerning emergency declarations to limit the scope of the relief granted. | Granted 06/29/2022 | |
|
01/08/2020 |
CVSA |
Amend 49 CFR § 385.4(b) to update the FMCSA’s incorporation by reference of the CVSA’s OOSC to note the April 1, 2020 edition. |
Granted |
86 FR 35443 |
| 12/04/2019 | CVSA | Amend 49 CFR 395.2 to include a definition of "yard moves." | Denied 03/28/2022 | |
|
08/08/2019 |
CVSA |
Amend 49 CFR 385.4(b) to reflect the updated "North American Standard Level VI Inspection Procedures and OOSC for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantitates of Radioactive Materials as Defined by 49 CFR 173.403. |
Granted 02/24/2020 |
84 FR 52432 (NPRM) |
|
07/19/2019 |
CVSA |
Amend 49 CFR 382.603 to require reoccurring alcohol and controlled substance training for supervisors. |
Denied 12/26/2019 |
|
|
08/27/2018 |
CVSA |
Amend § 393.104 and 393.108 concerning cargo securement to incorporate by reference National Association of Chain Manufactures 2016 standards for performance specifications and markings for removable hooks used on tiedowns. |
Granted 02/14/2023
|
|
| 08/27/2018 | CVSA | Amend appendix G to require rear impact guards to be inspected as part of the required annual inspection. |
Granted 11/09/2021 |
86 FR 62105 |
|
12/17/2018 |
CVSA |
Amend § 393.104 and 393.108 concerning cargo securement to incorporate by reference National Association of Chain Manufacturers 2016 standards for performance specifications and markings for removable hooks used on tiedowns. |
Granted 10/14/2021 |
86 FR 57060 |
|
12/18/2018 |
CVSA |
Add a definition of personal conveyance to 49 CFR 395.2 and remove all 395.8 interpretative guidance. |
Denied 09/18/2020 |
|
|
08/25/2017 |
CVSA |
Expand definition of “actual knowledge” in 49 CFR 382.107. |
Granted 09/30/2019 |
84 FR 51427 |
| 05/17/2017 | CVSA | Amend definition of "utility service vehicle" in 49 CFR 395.2 to clarify that the term includes commercial motor vehicles supporting broadband-internet and cellular telephone operations. | Granted 03/06/2018 | |
|
03/10/2019 |
Daimler Trucks North America (DTNA) |
Amend §393.60 to allow vehicle safety technologies to be placed in the windshield; amend the definition of safety technology. |
Granted
|
86 FR 35449 |
|
03/21/2019 |
Florida Fruit & Vegetable Association |
Modify the Hours of Service and ELD for the transportation of perishable fruit and vegetable commodities. |
Denied 11/18/2019 |
|
| 10/07/2022 | Giorlamo Tringali | Amend the Commercial Learner's Permit (CLP) regulations in 49 CFR 383.25 to add certain drug test stipulations for CLP holders who fail the initial DOT pre-employment drug test. | Denied 02/07/2023 | |
| 07/07/2022 | Iowa Department of Transportation | Petition for FMCSA to (1) establish standardized training, certification, auditing, and performance standards for third-party knowledge test administration and (2) ensure that commercial driver's license applicants who complete their testing out-of-State have their third-party knowledge test results honored by their State of domicile. | Denied 02/07/2023 | |
|
09/01/2017 |
Jacob Scroggins |
Add Pigeon Clubs to 391.2 list of exempt entities. |
Denied 10/25/2018 |
|
|
05/10/2019 |
J.B. Hunt |
Amend regulatory guidance question # 27 to 49 CFR 390.5 concerning the inclusion of “x-ray” as “treatment away from the scene of the accident.” |
Granted 02/25/2022
|
87 FR 10895 |
|
11/01/2018 |
Jerry and Marianne Karth |
Add underride guards to Appendix G and 396.17, and amend definition of Out of Service Criteria (RINAC31). |
Granted |
86 FR 62105
|
|
06/09/2021 |
Kevin Armstrong |
Petition to Amend CFR 49 391.41 and CFR 391.49 Regarding Physical Qualifications of Drivers. |
Denied 12/09/2021
|
|
| 04/25/2018 | National Agriculture Aviation Association (NAAA) | Request to amend the CDL rules to provide relief from the HM endorsement for drivers transporting Kerosene for aviation. | Granted 12/16/2022 | |
|
10/12/2020 |
National Federation of |
Amend the definition of “commercial motor vehicle” under 49 CFR 390.5 to exclude vehicles between 10,001 and 26,000 pounds. |
Denied |
|
|
10/12/2020 |
National Federation of Independent Business Small Business Legal Center |
Request to amend the definition of commercial motor vehicles. |
Denied 05/21/2021 |
|
| 08/07/2020 | National School Transportation Association (NSTA) | Amend the CDL regulations to establish a school bus-only CDL for intrastate school bus operations. | Denied 12/19/2022 | |
| 02/04/2022 | Nicholas Mayo | Petitioner sought an amendment to change the term "properly restrained" and within compliance if the lap strap of the seat belt is secured properly. | Denied 2/14/2023 | |
| 05/19/2020 | Owner-Operator Independent Drivers Association (OOIDA) | Amend 49 CFR 371.3 concerning broker transparency. | Granted 03/16/2023 | |
|
08/08/2019 |
OOIDA |
Amend 391.47 concerning driver qualifications, to replace the terms “physician” and “medical specialist” with the term “certified medical examiner.” |
Denied 01/10/2022
|
|
|
06/14/2021 |
People for the Ethical Treatment of Animals |
Request to amend 49 CFR 383.51 to prohibit CDL drivers that have committed certain violations from operating a CMV with livestock on board. |
Denied 02/21/2022 |
|
| 03/15/2021 | Richard Horan | Amend 49 CFR 383.95 concerning the linkage of endorsements to specific Classes of CDL, especially the "P" endorsement. | Denied 04/19/2022 | |
| 08/01/2022 | Richard Horan | Petition for rules change from Class A Vehicles Restriction to Endorsement for Class A Passenger Vehicles. | Denied 02/07/2023 | |
| 03/09/2022 | Small Business in Transportation Coalition (SBTC) | Amend 49 CFR 390.5 to Define "Dispatcher." | Denied 03/28/2023 | |
| 01/27/2022 | SBTC | Amend regulations on household goods motor carriers in interstate commerce contained in 49 CFR Part 375. | Denied 10/28/2022 | |
|
01/03/2022 |
SBTC |
Alternative petition for rulemaking regarding English language requirements for CDL testing (submitted as a petition for preemption with petition for rulemaking as alternative relief). |
Denied 03/03/2022
|
|
|
09/22/2021 |
SBTC |
Petition for FMCSA to reconsider its denial of SBTC’s request to amend 49 CFR 381 to include instructions for trade groups seeking class exemptions. |
Denied 02/21/2022
|
|
|
09/09/2021 |
SBTC |
Retrospective Review of 49 CFR 395 Subpart B--Electronic Logging Devices (ELDs) & Issuance of OST Guidance on ELD vetting and certification pursuant to 49 CFR 5.13(c)(4)(i). |
Denied 01/14/2022
|
|
|
08/01/2021 |
SBTC |
Petition for 'Retrospective Review' of 49 CFR 371 & Issuance of OST Guidance on Broker Transparency. |
Denied 03/01/2022
|
|
| 05/06/2020 | SBTC | Amend 49 CFR 371.3 concerning broker transparency. | Granted 03/16/2023 | |
|
10/04/2018 |
SBTC |
Amend 371.2 definition of Broker and Bona Fide agents. |
Denied 01/28/2020 |
|
|
06/08/2018 |
SBTC |
Revise application instructions to better accommodate class applications. |
Denied 02/28/2021 |
|
| 03/18/2018 | SBTC | Petition to amend 49 CFR 383.133(b)(3) | Denied 07/08/2022 | |
| 09/08/2022 | Tarence Jones | Petition to amend part of 49 CFR 393.3(3)(ii) to add grace period of 2-3 hour interruption of the clock count down. | Denied 02/01/2023 | |
| 08/04/2020 | Transportation Intermediaries Association (TIA) | Rescind 49 CFR 371.3(c). Issue regulatory guidance to distinguish between dispatch service and brokerage. | Denied 03/17/2023 | |
| 12/21/2018 | Truck Trailers Manufacturers Associations (TTMA) | Amend 49 CFR 393.65 concerning auxillary fuel tanks on trailers and the restriction against gravity or syphon filling into the carburetor or fuel injector. | Granted 03/17/2023 | |
| 08/04/20 21 | Tyrel Olson | Eliminate the hours-of-service rules in 49 CFR 395 from the Federal Motor Carrier Safety Regulations. |
Denied 04/07/2022
|
|
|
07/03/2018 |
United States Transportation Alliance |
Proposes revisions to hours of service and other rules. |
Denied 06/01/2020 |
85 FR 33396 |
| 04/22/2020 |
Veolia North America |
Petition to allow prospective employers to use reports from the Agency's Pre-employment Screening Program as an alternative to complete investigations and inquiries by 49 CFR 391.23(d). |
Denied 08/10/2022
|
|
| 01/11/2023 | Victor Lopez-Vargas | Amend 49 CFR 395 to exempt military veterans. | Denied 03/17/2023 |
Contact Info:
FMCSA
Larry Minor
Associate Administrator of Policy Larry.minor@dot.gov
Related links:
Archived Petitions for Rulemaking
Petitions for Reconsideration of Rules
Last updated: Monday, May 15, 2023